THOOMU KOTAMMA Vs. PRABHALA KANAKA RAJESWARI

JUDGEMENT

(1.) This appeal has been filed against the judgment and order, dated 27-01-2004, passed by the learned Trial Judge in Rev. WPMP No. 16484 of 2003 in W.P. No. 12576 of 1999. Bereft of all details, the impugned order appears to have been culmination of the review application. The respondents before us filed the writ petition seeking appropriate reliefs. The writ petition was dismissed by the learned Trial Judge by passing orders on 28-04-2003. The writ petitioners thereafter filed the review application and the learned Trial Judge has allowed the same having found that there is error apparent on the face of the record. But, after allowing the review application, the learned Trial Judge did not decide the writ petition on merits.

(2.) The learned counsel for the appellants submits that this composite order passed on the review application is patently illegal, as it is not in conformity with the provisions of Rule 8 of Order XLVII of the Code of Civil Procedure, 1908 (for short, "CPC") read with writ rules of this Court.

(3.) From the impugned order, we find that the learned Trial Judge, after setting aside the order of dismissal of the writ petition, allowed the writ petition instantly.